Property Owner Liability After Slip and Fall

Slip-And-Fall Accidents On Monday, October 11, 2021

Slip, trip and fall accidents can cause serious and even life-changing injuries. If you believe that your recent slip and fall accident in Connecticut was caused by a defect or hazard on the property, you may have grounds to hold the property owner liable, meaning that he or she will be responsible for paying for your related medical bills and other losses. Learn more about the laws surrounding a slip and fall accident claim by consulting with a premises liability attorney.

What Are the Most Common Causes of Slip and Fall Accidents?

Proving a property owner’s liability for a slip and fall accident in Connecticut requires clear and convincing evidence. Collecting evidence often takes revisiting the scene of the fall, talking to eyewitnesses and searching for camera footage. Your goal as a plaintiff is to establish that the defendant more likely than not knew about the hazard and was careless in fixing it or posting warning signs. All property owners should be aware of the risks posed by common slip, trip and fall hazards, including:

  • Slippery floors
  • Fresh floor wax
  • Spilled liquids
  • Food debris
  • Grease
  • Uneven surfaces
  • Cracked sidewalks
  • Broken staircases
  • Low lighting
  • Loose rugs
  • Cluttered walkways

The cause of your accident can point to the identity of the liable party or parties. If you are not sure what caused your slip and fall accident, hire an attorney to investigate for you. An attorney can return to the scene of the accident, interview eyewitnesses, hire qualified experts and take many other steps to gather evidence against a property owner on your behalf. Hiring a lawyer increases your chances of holding a property owner liable for your past and future expenses.

When Is a Property Owner Liable for a Slip and Fall Accident?

Premises liability is a legal rule that states that the party in charge of property control or maintenance can be held accountable for accidents, injuries and deaths that arise on the property due to a defect or hazard. The premises liability law can extend to landlords and even tenants – not just property owners. If the owner or controller of the property should have done more to prevent the slip and fall accident, he or she can be held financially responsible.

In most instances, a premises liability lawsuit in Connecticut requires proof of the following elements:

  • The plaintiff (injured party) was lawfully on the property at the time of the accident.
  • The defendant (at-fault party) was in control of the care and maintenance of the property.
  • The defendant knew or reasonably should have known about the slip and fall hazard.
  • The defendant neglected to remedy the hazard in a prompt manner.
  • The defendant’s negligent property maintenance contributed to the slip and fall.

If a reasonable and prudent property owner would have noticed the dangerous condition and corrected it prior to your slip and fall accident, you may have grounds to file a lawsuit. Understanding your classification as a property visitor in Connecticut, as well as what this means for the owner’s duties of care toward you, may require assistance from an attorney.

Residential vs. Commercial Properties

If you slipped and fell on a residential property, such as at a friend’s house, you may be able to hold the property owner’s homeowners insurance responsible. If you fell on commercial property, you may have grounds to file a lawsuit against the business that owns or leases the building. A business is vicariously liable for the mistakes of its employees. For example, if an employee of a business contributed to your slip and fall accident by failing to mop up a spill, you can hold the company vicariously responsible, in most cases.

For more information about liability in a specific slip and fall accident case, contact an attorney in Wallingford at Loughlin FitzGerald, P.C. today.

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